Single judge order granting bail to the petitioner in a Bihar Prohibition and Excise Act case, noting the lack of independent recovery of incriminating materials and quantum of liquor involved.
Petitioner released on bail by furnishing bonds of Rs.10,000/ with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9591 of 2018
Arising Out of PS.Case No. -664 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI
====================================================== Amit Kumar @ Chhotu, S/o Suresh Tanti, R/o Village- Panhans, P.S.Nagar (Lohiya Nagar O.P.), District- Begusarai.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Dr. Bimal Kumar Jha, Advocate. For the Opposite Party : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 30.11.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 62.295 liters wine is said to have been recovered.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 62.295 liters
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wine is recovered. As far as petitioner is concerned, 375 ML wine is recovered from his possession. The name of the petitioner has come on the basis of disclosure made by the petitioner alongwith other accused persons. There is no compliance of Section 100 Cr. P.C. Other co-accused have been granted bail by another coordinate Bench of this Court vide Cr. Misc. No. 8725 of 2018 dated 17.02.2018.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-7th , Begusarai-cum-Special Judge, Begusarai under Bihar Prohibition & Excise Act, 2016, in connection with Town (Lohiya Nagar O.P.) P.S. Case No. 664 of 2017.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner should be released on bail given the lack of compliance with Section 167 Cr.P.C. and existing bail elsewhere.
2 provisions across 2 enactments
AMIT KUMAR @ CHHOTU
THE STATE OF BIHAR
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
